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HomeMy WebLinkAboutZone case 82-14 - John Thomas Crane and Trucking Company, In A/ tcP IN'i`lif! Superior Court t»•mE +C &rATE OF CALIFORNIA In Anil for the County of Oranxe ZITY OF HUNTINGTON BEACH TMOFOFPIMLIVATION CITY C'.ERK PUBLIC HEARING State of California 1 County of Orangr I'" APRIL L. ELLIOTT .� �lnatsu• . �. That I am and of all tithe!, herein wentioned wivi r:rilizrn of "�e C ig , the tJnited Ftnti•�, over the ,.e of twent�•-one year•,and ,::nt I hi1�.� �t� c ter,Nfi ea�e Satialteta F i am r.,t a party tt,, nor intrr►strtl in the al•nve rntitlerl rnntter; �M, own t that I ara the principal clerk of the printer of the aM • tltt 6rdo + HUNTINGTON BEACH IND. REVIEW al t�i ,gtteit to W h.M{•aMi�Ii�t�t7 enrx s a►er of tie i nl circulation.l l,lt'+her it, the city if A`,il�ltietl:NwWMt;� • talMtiel prodttet* Uwe HUNTINGTON BEACH :000O.1"b*low,rad .twltras apt! County of Ort+ngr owl which newepep►r i+ p,ihlkhtd for the sue' ' ' M�ttlw,tJ4etwrttieott Na;d'l.bt ee11' di�emfnation of hwitl news and intelligence of a pentrtl chhrnc- vw be'tiea W1 p .ay<atetlw ttiM ter, and which neuslral+Cr tit Ali times herein inentitined had >t usq•l and atiil has Bona tide.auliscription li-t of paying aub+criherjI. .. y Delt�rtmeat r! and %hick newspaper hwt ltern ezttiblishcd, printed and pub. "I Yelerwltr{, tMtr.ieieilei,lt' lisF.,l al _:xulxr intervals ir. the raid County of Ortingr far a pt ti�rr*tiadeai0 � perio i ercee•ti'nit r.ne yfnr; that the entice, of which the annexed is a printed copy, hn-4 been puhlisheel in the regnslar +�Mr /all it2��ii►S bft :till entire ia!,tte nc•.r,spnpor,and nul in an}•vupplement >1411t t:rrt„f,on the following dril",to wit. tthlr!#tN• i) pA't�r + 7 SEP. 23t 1 C,,'82 ' M r NAM ., 1 certify (or dr.l,irel under lttnalty of perjury that the, forego- in-'i true and correct. GArJXN GROVE Dated at.... .. .. ......... 24th SEP. 82 Cal}fnr:tia,this ... ....C. Imyyooff ... ., .>r9..... .. t..... ...r........ . . . . . Signature gr � REQUE,4 FOR. CITE' COUNCIP ACTION Date September 23 , i7o2 Submitted to: Honoratle Mayor and City Council tits) Submitted by: Charles W. Thompson, City Administra to Prepared by: James W. Palin, Director of Development Services � Subject: ZONE CHANGE NO. S 2--14 Statement of Issue. Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for the Council ' s consideration is Zone Change No. 82-141 a request to change the zoning -rom MI-O--CD to Ml -01-CD on the property located at the northwest corner of Stewart Street and Garfield Avenue . P.ECOMMENDATION: The Planning Commission and Planning staff are recommending that the City Council approve Zone Change No . 82-14 and adopt the atrachisd ordinance. ANALYSIS : PEplicant: John Thomas Crane & Trucking Co . , Inc. 18851 Otewart Street Hunt_ngton Beach, Califorr. aa 92648 Re uest; To rezoae subject property from MI.-0--CD to M1-01--CD. Location: Subject property is located ar. the north- west corner of Garfield Avenue and Stewart Street. Planning Commission action on September 8 , 1982: ON MOTION BY SCHUMACHER AND SECOND BY HIGGINS `LONE CHANGE NO. 82--14 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION WITH THE FOLLOWING TINDINGS , BY THE x'OLLO`KING VOTE : AYES: Higgins, Winchell , Paone, Schumacher NOES: None ABSENT: Porter, Mirjahangi- ABSTAIN: hivengood Flo 4181 G Zone Change 82-14 September 23 , 1982 Page 2 FINDINGS: 1 . The proposed 0-1 designation on the subject property is consistent with the surrounding zoning and land uses in the general area . 2 . The proposed site complies with the minimum surface i rea required under Section 9682 . 1 of the Huntington Beach Ordinance code . DISCUSSION: The applicant ' s request is to rezone the subject property from M1-0-CD, Light Manufacturing combined with Oil Produc tic.n, Civic District, to 2•11-01--CD, Light Manufacturing combined with Oil Production, Civic Dis- trict. Tnis change in the "0" designation from "0" to 110--1" will allow for drilling on the site for oil exploration . The "0" designation by defined der isle 968 except itself allows for :;ny oil operation aL e z under Art p for drilling. brillinc_� as defined within this Article is d];gging or boring of a new hole into the earth for the purpose of exploring for, developing, or producing oil , gas , or any othar hydrocarbon. Under the provisions of Section, 9682, 0--1 D-strictu established will allow for new drilling to take place . Under Section 9632 . 1 the minimum surface area required for an O-1 district designation is 100 feet by 150 feet . The subject property is 150 feet by 145 feet; therefore, it complies with the minimum surface area requirements . In the area located west of Goldenwest; Street, the Ellis/Goldenwest Specific Plan area, criteria have been proposed to require that prior to the oil drilling taking place the oil operator must have a minimum of 20 acres of subsurface mineral rights , either in fee or under lease . The maximum oil operation site cannot exceed two and one-,half acres and only five sites will. be allowed in the entire quarter section . These criteria were established in order to protect future residential development within the specif:Lc plan area . However. , the subject prop- erty in locates, in an industrial area with existing oil operations in the general area . Prior to any drilling taking place on the subject site, the operator will be required to obtain a use permit from the Hoard of Zoning Adjustments and comply with the City ' s oil code and Art!,,-..,:le 968, Oil District. It shoi ld be noted that the property owner owns the oil rights below the subject property. There is an abandoned well on the site that the applicant is considering re-drilling . In conclusion, the subject property is local--Rd in an industrial area and complies with the minimum surface area required for the 0-1 desig- nation; therefore, the Planninrj Commission and staff are recommending that Zone Change 82-14 be approved and the attached ordinance be adopted . FNVIRONhEriTAL STATUS Pursuant try the environmental regulations in effect at the time, the Department of G,.velopment Services -osted draft Negative Declaration No. 82-31 for a IC -day period . This draft negative declaration Zane Change 82-14 September 23, 1982 Page 3 reviewed both Zone Change 82-13 and 02-14 , since they are similar in nature and located withivi close prc;(jmity of each other . No c ')iraments, either written or oral , have been received by the department. the staff in its initial study of the project has recommended that a nega- tive declaration be issued for both zone changes, Zone Change 82-13 and 82-14 . Planning Commission Action on September 8 , 1982; ON MOTION BY HIGGIN'S AND SECOND BY SCHUMACHER NEGATIVE DECLARATION NO. 82-31 WAS DEEMED ADEQUATE AND CERTIFIED FOR BOTH ZONE CHANGE 82-13 AND ZONE CHANGE 82-14 , PY THE FOLLOWING VOTV:: AYES : Higgins , Winchell , Paone , Schumacher NOES: None ABSENT: PorF :-r, Mirjahangir ABSTAIN: Livengood FUNDING S )URCE: Not applicable . ALTERNATIVE AC JON : The City Council may consider denying Zone Change No. 82-14 . Wil:h this denial, the property owner would noc be able to drill new wells on the subject property . Any oil operations being conducted on the aubject property at t►Zis time could remain in operation. SUPPORTING INFORMATION: 1 . Area Map 2 . Planning rcmmissioan staff report dated September 8 , 1982 3 . Ordinance CWT:SMB:df i I 1 II, uu RA-0 TY{ 1" �� � � � � •it'. ! RA-0 im • c 2. R.:-0-CD CI-0 'RA-0I -CC' ~ _ R5 R M2-V R 2 _ ROS-0 C2 0 - J `1 huntin ton teach deveo ►Tent services drnartmont gr 9 p - A IT ED OR, TO : Planning Commission FROM: Development Ser.vic,cs 1)1WrE ,10. 22-3 1 Al 11L.1CTkI." ' . 1t)h t I h.EOUL;S`l. %r?Ctl'I'lU�: : ;;itli;}c.•c�!•. J,t'c,f�r ;'t;', i .. 1.c: C��t- ,�c! htl Ule rm1' tJ1,-:k•'., i: r-c,t'tic: cif. 1";�Ir•fic_ 7 +.? ,1t,�c:'it:t�� .Inci :; r�t•�:>> .___. ....--._ _ .-..._._. ncl"Is r i ,, l acres 1 . 0 SUGGESTED ACTION: Approve N,ngative Declaration No. 82-31 ana Zone Change No. 82-14 recommending to the Ci-ty Coun^il adoption of same. 2 . 0 GM,"ItAL I NFO RMAT TOM : Zone Change No. 82-14 is a reclue ;t by the applicant to change the zoning on the property located at the northwest corner of Garfield Avenue and Stewart Street from MI-CD-O , Light Industrial , Civic Distr. .ct combined with oil. production to MI-CD-01 , Li-cyllt- Didustrial , Civic District combined with coil. production. The emphasis of t.ho None change is on the "0" designation . The applicant: is reclue-,r_i.ng the "0" designation be Changed to an ''01t' designation. "Ot " is covered under. Section 0662 of the Huntington Beach Ordinance Code. v l9r:.f•s�...'.. Lwh r• 1:. ZC 82-14/140 82-31 Sept. 8 , 1982 Page 2 3 . 0 ENVIRONMENTAL EN`I'AL STATUS : Pursuant to the environmental regalat:ions in effect at this time , the Departmt t of Development. Services posted draft 0orative Declaration No. 82-31 for. a 10-day F-)er. iod . No coc<<rnerts, :,ither written or oral have been received by the Department . The staff in its initial study of the project, has reconunended that the negative declaration be issued for ",one Change No . 82-14 . Prior to aril action on Zone Change No. 82-14 , it is necessary for the Planning Commission to review and act on Negative Declaration IIo. 82-3i . 4 . 0 GENERAL PLAN, ZONING AND LAND USE DESIGNATTONS : Subject Property: GENERAL PLAN DESIGNATION : General Industrial ZONING: M -CD•--01 Light Industrial , Civic District, combined with oil production LAND USE: Small sleds North of Subject Property GENERAL PLAN DESIGNATION : General Industrial. ZONING, : M1-0 , bight Industrial combined with oil production LAND USE: Storage East of Subject Property : GENERAL PLAN GESIGNA'PION : General Industrial ZONING: t-11-0 LAND USE: 011. Production South of Subject Property : GENERAL PLAID DESIGNATION : Medium Density Residential ZONING : RA-0-CD, Residential Agricultural , combined with oil production, Civic District LAND GS:J: Vacant West of Subject Property: GENERAL PLAN DESIGNATION : General. industrial ZONING : M1-0--CD LAND USE : Vacant 5.0 ISSUES AND ANALYSIS : Major issues related to the: proposed zone change are: 1 . Compatibility of the proposed use with the existing and future: v ZC 82- ' 4/ND 82-31 September 8 , 1980 0 Pane i surrounding land uses a-.Ind, 2. Is the: prcnc;secl zc)ni.nci category consistent with provisions under Section 9582 of the Eluntiriuton Beach Ordi, ante Code? The applicant ' s request is to rezui.e the subject property from Ml-G-Cu to Ml-of-CD. 'Phis ciiange in the '10" designation from "01 to "OW' will allow for drilling on the site for oil exploration. The "O" designa- tion by itself allows for any oil operation as defined under T:rticle 968 except for drilli-ng . Drillin(x , as defined within thi:i article , is digging or boring of a new hole into the earth for the purpose of ex- ploring for, developing or producing oil, gas or any other hydro-carbon. Under the provisions of Section 9632 , -01 districts Lstablishc=d i-1.1 allow for ne..v drilling to take place . Under Section 9682 . 1 the mini- mum surface area required for an -01 district designation is 100 feet i by 150 feet. The subject t:roper. ty is 150 feet by 145 feet , therefLr.e, it complies with ::lie minimum surfa :a . area requirement. I In the area located west of Coldenwest, the Ellis-Goldenwest Specif: c Flan area, criteria have been proposed to require that prior to any oil drilling taking pace the oil, operator must have a minimum of 20 acres of subsurfa,:e mineral rights, ei ':her in fee: or by lease. The maximum oil operation site cannot exceed two and one-half acres, and only five sites will be allowed in the entire quarter section . These criteria were established in order to protect future residen- tial development within the specific plan .area . However, the sub- ject property is located in an industrial area with existing oil operations in the general area . Prior to any oil drilling taking place on the subject site, the operator will be required to obtain a use permit from the Board of Zoning Adjustments and comply with the City ' s oil code and Article 968 , Oil District. It should be noted that the property owner owns the oil rights below the subjc;;t: property. 'There is an abandoned well on this site that the appli- cant is considering redrilling . In conclusion , the subject property is located in an industrial area and complies with the minimum surface area required for the "01" designation, therefore, the staff is recommending that `Lone Change No. 82-14 be approved with findings as outlined i.- the following section. 6 . 0 RECOMMENDATIOIN: The staff is recotmnendirij that the Planning Commission approve Nega- Live Declaration No. 82-31 and approve Zone Change No. 82-14 with the following findings : FINDINGS: proposed --01 designation on the: subject property s consistent w3 th the surrounding zoning and land uses in th-B cien-,1- al area. LC. 82-141ND 82-31 Sect. 81 1982 Page 4 2 . The proposed si te. complies with the minimum surface .-irr.a 17_-tui.r.ed under Section 9682 . 1 of the Huntington Beach ordinance Code. ATTACHMENTS : 1 . J, rea blap 2 . Site Plan 3 . Ordinance S 13 : j1m !—//mil ,,,4 r ; ;��-- Publish 9/23/82 NOTICE OF PUBLIC HEARING ZONE CASE NO, R2-14 NOTICE IS H►'RFRY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach , in tree Council Chamber of the Civic Center, Huntington Beac!-, at the hour of ?.3a P.M. , or as soon thereafter as possible on Manday the _,nth day of October 9 19-,V . for the purpose of considering Zone Case No. 82-14, a request- to change the zoning from M1--0-CD (Light Manfuacturing District combined with oil produceion, Civic District) to Ml-01-CD (Light Manfuacturing District combined with oil production COP c District) . Thee subject property is located on the northwEzt corner of Garfield Avenue and Stewart Street._ Negative Declaration No, 82-31 will also be considered in conjunction with Lone Case 82-14. A legal description is on file in the Department of Development Services , All interested persons are invited to attend said hearing and express their opinions for or against said lone Case and Negative Declaration. _ Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714 ) 536-5227 DATED 9/21/82 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth , City Clerk ' NOTICE. TO CLERK TO SCHE'DIII-E PUB:-IC HEARING TO. CITY CLERK'S OFFICE DATE. FROM: FLEAS, .,�ESCHEDULE A PUBLIC HEARING USING THE: ATTACHED LEGAL, NOTICE FOR THE 4 ��DAY of AP' s are attached AP' s w T`fa11ow No AP's Initiated by: Planning Comml::sioii Planning Department Petition * Appeal Other Adoption of Environmeni.al Status (x) _ YES NOr Refer to Planning Department - Extension for additional information. * If appeal , please trnasmit exact wording to be required in the legal. 1N��la Superior Court osrttic STATE OF CALIFORNIA In and for the County of 0►an!e CITY OF HUPTINGTON BEACH 1 CITY PLANNING COMMISSION PUBLIC HEA,►c i NG Pl'8Ut'NtiTtCZ; :hate of California ) County of Orange 1's' N071t=tJ►IiIJR�CI R�IC iaPf!GR 1ip.1a11 APR I L L. ELLIOTT �� "f�'�� tsaeirK Coae4iea of tie city d Thrt 1 am end at all timer herein mrsti:mr i wax A rit4rn r-f �.Iw,tigtre �`A' ells t �d aoa.id�iar Lax Caw Zia R the I lnibri titwlr�.aver Ihr age(if twenty rene yemn. mild 1hn1 1 Alt 0C to�W r am no. a party tn, nnr intern. tewl in the Almr-pe en:;!lerl mmtlrr, �yi� @a=: kk a that 1 em the principal clerk ref Ihr printer of thr UW1 to Mt•01 Il.bdm e i�t?fetrkt a whiari wit►ai padr<t►� Ci.k Diwktf.TL wE jaet tin} r HUNTI NGTON BEACH I ND. REV . 6mtw w th.:atb..:1111mm u Add Al d Behr!&MA A last A newnpepernf general cirndatinn.published in the Vitt•of dwti pt'wilW��do�s"I' d»oP.,K gW�bW&In& the HUNTI NGTON BEACH c-md awtsms teidi1~ of W'N cr., County of Orange and which newspaper is published fort the grW�CW*' &""t' hUAWO°" diaernination of local newer and intelligence of a Rrnerml chmrat• twaJ�d lnwnaW,'near ov b�W a+ a'tat, hi a�ich newtrl>rtpet a rr: wd t all times herein entirnrd find ae*fti'mfpe 60�Len ► %nd still heel P bona fide aulp/riptirm IM of pevinF sulucrilre". Cm No.U-14 end which netsµeper has I*en established, printed end pull. trostrt�a104.t."w v�ww HAW at regular intervals in tLe said :'aunty ref Mango for a PIM period exceeding nne year, that the notice, (if which the PA ttiM> b(AWJA.I"m annexed la a printed cVy. has been published in the regubsr IMIAWK and entire imue of said new opaper, and not in any yupplemrni f0 OWN thereof,on the following dates,to wit: �$rr Jim"W.Pub Nw !al .utlOm AUGUST 269 1992. 1 certify for deelan)under penalty of perjury that the foregn• ing is leas and tarred. aatat:.t....GARDEN„GR,OVE. ..................... 4l d?e. . ......... .... R'Xnsture �F� !16 � tQttll I �!tT,r' ''1► Sr 111.--130--23 Weir nil Co., Inc., 401 .'_t}th Stmet ZC 1182-14 L1Url�.ir trtJ(1 Ot.' iC�r, 1:il�.lf A1:_just 11, 1982 92648 111--140-0 i Rex Oil Ca:'rpany 5225 Wil_lu re Blvd Shitc 6.18 Los Angeles, Calif 90036 111-1.40-07 F3arold A Lingle P.O. Box 111115 If= Be--ach, Cal l )D86 � 111-140--C6 CIiarle:� H St.t-%rtin et ai Ibex Oil OD 5225 14.1shi, Blvd...Su ttc3 638 Los Frx- jeles, CaU(T 900it' 111-140--09 Lora Linda. University Risk Mukage wmt Dept. Low Linda, �alff 92354 111-140-32 li Fhtntf.ngWn Wach Cxxrp ny 2110 ti.n Strect. Ehnitirpton Deach, GAAE SSb48 I